Task Force on Courthouse Facilities Survey Report WELLAND COUNTY

Task Force on Courthouse Facilities Survey Report WELLAND COUNTY Group 2

TABLE OF CONTENTS WELLAND COUNTY SUMMARY:... 2 SUPERIOR/ONTARIO COURT (WELLAND) SUMMARY:... 3 REPORT:... 4 ONTARIO COURT (NIAGARA FALLS) SUMMARY:... 8 REPORT:... 9 ONTARIO COURT (FORT ERIE) SUMMARY:... 12 REPORT:... 13

County or District: Welland Superior Court of Justice and Ontario Court of Justice 102 E. Main Street, Welland, Ontario Reported on by: Collaborating Parties: Lorraine Saunders Jerry Rodrigue John Balenovich Ron Brooks Bonnie Tuson Debbie Biller Nick Minov Ontario Court of Justice 4635 Queen Street, Niagara Falls, Ontario Reported on by: Collaborating Parties: Terry Marshall Mary Ellen Hilko Ken Hagan Ontario Court of Justice 200 Jarvis Street, Fort Erie, Ontario Reported on by: Collaborating Parties: Ken Hagan Ed Pitman 1

County or District: Welland Summary: Three completed survey questionnaires were received from, providing details on one Superior/Ontario courthouse (Welland) and two Ontario courthouses (Niagara Falls and Fort Erie). is approximately 325 square miles. The sites of the courthouses are described as adequate to meet the needs of the local population. The Welland courthouse had recently undergone major exterior and interior renovations. The Niagara Falls courthouse was only built in the last 10 years. No further renovations are expected for any of the three courthouses. Lack of space and adequate security were issues mentioned for the Welland and Fort Erie courthouses. These do not appear to be problems at the Niagara Falls courthouse, which is generally described as meeting user needs. Superior/Ontario Court (Welland) The lawyers gowning facilities are inadequate, as they are too small. There are also not enough chambers for Superior Court judges and other judicial officers, and existing chambers are inadequately furnished. There is also inadequate space for Crown attorneys and duty counsel. After-hours security was identified as a problem, however, it is presently being discussed with the landlord. Ontario Court (Fort Erie) This courthouse also has inadequate space for duty counsel, and there are not enough chairs or seating in the courtroom. Two security issues were raised. The first refers to a door handle in the holding area that is described as very, very poor. The respondent commented that security personnel would have great difficulty exiting in an emergency. The second issue refers to the generally poor level of security at the courthouse. The respondent recommends that an additional uniformed officer be assigned when court is in session. 2

County or District: Level of Court: Courthouse Address: Welland Superior Court of Justice and Ontario Court of Justice 102 E. Main Street, Welland Summary: The courthouse is in excellent external repair. Internal facilities are in adequate repair and are adequately maintained. This courthouse had already undergone massive exterior and interior renovations within the past 2 years and therefore no further work of a major nature is planned in the near future. All of the six courtrooms appear to be adequate, except for a problem of poor acoustics, which is currently being addressed. A number of specific problems with respect to the facility relate to an apparent lack of space in the courthouse. The first has to do with lawyers gowning facilities. While separate facilities exist for men and women, both are reported to be too small. As well, there are an inadequate number of chambers for Superior Court judges and other judicial officers, and all of the judges chambers are inadequately furnished. Another problem has to do with the Crown Attorney offices and facilities for duty counsel. Currently, the space does not accommodate existing needs. Other issues identified refer to after-hours security, which is presently being discussed with the landlord, and the lack of eating facilities or food service, which is currently being tendered. 3

Report: 1. Use of this Courthouse The courthouse is used for criminal, family law, civil and small claims matters. There are no available user statistics. 2. External Features and Repairs The courthouse is a historical/heritage building in which the original structure has been respected and is in excellent external repair. Internal heritage features have been well maintained. Internal aspects of the building used by the public are in adequate repair and housekeeping is adequate. 3. Ownership and Control The building is privately owned by the City of Welland. Lease payments are $1 a year, and the lease expires in 2099 and is renewable every 20 years. The square footage of the facility is 62,500. The building was renovated from December 1997 to July 1999, at a cost of $9-million. No renovations other than minor tweaking are planned in the next two years. There is a user committee in place, of which the local law association is a member. The user committee is reported to be somewhat effective in addressing needs associated with this facility. The respondent was not aware of any issues regarding potential encroachment on the use of the facility. 4. Courtrooms The respondent did not report the number of Superior and Ontario Courtrooms available in the facility, but did note that both levels of courts use six of the courtrooms. Courtroom facilities are reported to be adequate to accommodate growth and demand. All of the courtrooms are described as adequate, except for poor acoustics, which is reported as a problem being addressed. 5. Lawyer-Client Meeting Rooms There are 14 lawyer-client meeting rooms in the courthouse which are adequate to meet reasonable demand, reasonably proximate to the courts they serve, provide reasonable privacy and are reasonably furnished. 6. Jury Facilities Each court equipped for jury trials does not have a separate jury room but there is a jury room available. The jury is not exposed to the public when entering/exiting the courtroom and the jury does not use facilities in common with other users of the courthouse. Jury rooms are adequately furnished and have a washroom facility. 4

7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is not sufficient. Persons in custody are not required to pass through a public area in order to access any courtroom. There are no refreshment facilities available to the public in this courthouse. Men s and women s washroom facilities are adequate and adequately maintained and cleaned. There are no public access problems associated with this facility. The courthouse is accessible by public transit. There is paid public parking within reasonable distance of the courthouse, and there are adequate parking spaces. There are no health or safety issues associated with this facility. 8. Accessibility for Disabled Persons In general, disabled access is described as adequate. The courthouse is a multiple level facility and has a functioning elevator. 9. Holding Cells The building has nine holding facilities for persons in custody, which are in adequate repair. There are separate facilities for men and women, and segregated cells and segregated holding facilities for youth in custody that have washroom facilities. There is direct private access from the holding facilities to the courts and there are no security issues raised in the instance of these holding facilities. Adequate conference facilities allow for private secure solicitor-client conferences. 10. Lawyers Facilities The building has a lounge or similar space for the exclusive use of lawyers. There are private phone facilities for lawyers. The building has separate gowning facilities for men and women, which have washrooms and lockers. While the facilities for both men and women are in an adequate general state of maintenance, they are described as inadequate because they are too small. 11. Judges Chambers/Facilities The courthouse has five chambers for Superior Court judges, three chambers for Ontario Court judges, and two chambers for other judicial officers. None of these chambers are shared. The number of chambers is reported to be adequate for Ontario Court judges, but inadequate for Superior Court judges and other judicial officers. The number of judges chambers is reported to be insufficient to accommodate reasonably foreseeable growth. None of the chambers are adequately furnished. All judges chambers provide for secure and private access to and egress from each court. 12. Crown Attorney Offices The courthouse has offices for Crown attorneys but the existing space does not accommodate existing needs, as there are too many crowns, not enough office space or 5

storage. There are no plans that will be implemented within the next three years to accommodate existing needs. Crown facilities have a separate office security system that is operated during after hours. This security system has not been tested by any incidents, but is considered adequate by the Crown s office. 13a. Other Administrative Space/Use: Court Administration There are court administration offices that are adequate for existing needs. 13b. Other Administrative Space/Use: Court Reporters Offices There are court reporters offices that are adequate for existing needs. 13c. Other Administrative Space/Use: Duty Counsel There is a facility for duty counsel, however, nothing is assigned, and duty counsel uses whatever rooms are available. This is reported to be inadequate for existing needs. Three dedicated duty counsel rooms (two for family and one for criminal) are required to meet existing needs. The courthouse does not have a Family Law Information Centre. 13d. Other Administrative Space/Use: Legal Aid The building does not require a legal aid office and does not have one, but the respondent reported that the issue is being addressed. 13e. Other Administrative Space/Use: Victim/Witness Assistance Program A Victim/Witness Assistance Program (VWAP) is not required. The courthouse has a witness room. The courthouse cannot currently accommodate integrated justice facility requirements. 13f. Other Administrative Space/Use: Media The courthouse does not have a media room. 14. Libraries The courthouse has a library facility that is used by members of the Bar and the Bench, but not by Crown attorneys. There is sufficient space within the library for lawyers to work and the facilities are adequate to meet existing needs. A librarian works on-site and computer facilities are available to users. The County and District Law Association and the jointly administer the library, and there were no current issues reported with respect to the space utilized by the library. 6

15. Other Security Matters The overall level of security is described as good for Crown officers and adequate for staff, lawyers, persons under custody and the general public. The level of security for judges was not reported. There appears to be sufficient court security for members of the Bar, Crown Attorneys, the judiciary, the police, court staff and the public. There is a metal detector, and the respondent reported that it is never used. Four police officers are posted at the building, which is regarded as sufficient by the respondent. The building has a functioning burglar alarm, but security officers do not service the building 24 hours. Security systems and resources have not diminished over the past three years. Ineffectively handled security-related incidents have occurred during the past three years, but the respondent did not provide any details. 16. Prospects and Future Needs Requirements to meet existing needs in this facility are described as follows: Auditory deficiencies in courtrooms being addressed by contractor. After-hours security (being discussed with landlord). Food service (currently being tendered). Because action has already been taken on these issues, the respondent reported that the likelihood of these requirements being met within the next five years is 100%. No estimates of the costs involved were provided. No upgrading required to meet anticipated future needs over the next 10 years was reported. 7

County or District: Level of Court: Courthouse Address: Welland Ontario Court of Justice 4635 Queen Street, Niagara Falls Summary: The courthouse building is in a good external state of repair and interior facilities are in adequate repair. This is a small claims court with one courtroom. The courtroom is also utilized for provincial offences and family court matters. The top issue relating to this facility was reported to be that the, Provincial Offences Act [is] being transferred to local municipality and out of the building. The respondent did not make further comment on the issue, but reported that it was likely to be resolved in the next three years. Generally, the existing courthouse facility is adequate to meet current needs, but IJP and e-filing and D.A.R. are required to meet anticipated future needs over the next 10 years 8

Report: 1. Use of this Courthouse The courthouse is used for small claims matters, family court matters, and provincial offences. There are no available user statistics. 2. External Features and Repairs The courthouse is not a historical/heritage building and is in good external repair. Internal aspects of the building used by the public are in adequate repair and housekeeping is adequate. 3. Ownership and Control The building is privately owned. The lease expires in 2004. Lease payments and square footage of the building were not reported. The building was renovated in 1994 at an unknown cost. No renovations are planned in the next two years. There is no user committee in place and the respondent was not aware of any issues regarding potential encroachment on the use of the facility. The respondent mentioned one issue related to this facility: Provincial Offences Act being transferred to local municipality and out of the building. The respondent reported that this issue is likely to be resolved in the next three years. 4. Courtrooms One Superior Courtroom is available in the facility. Courtroom facilities are reported to be adequate to accommodate growth and demand over the next 10 years. The Superior Courtroom is generally described as adequate, except for a jury box, electronic security alarm for judge and video conferencing facilities, which are non-existent. 5. Lawyer-Client Meeting Rooms There are two lawyer-client meeting rooms in the courthouse which are adequate to meet reasonable demand, are reasonably proximate to the courts they serve, provide reasonable privacy and are reasonably furnished for small claims court and provincial offences. However, for family matters these rooms are used by both duty counsel and social services, leaving no offices available for counsel. 6. Jury Facilities This is a small claims court and there is no jury room available. 9

7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is sufficient. There are no refreshment facilities available to the public in this courthouse. Men s and women s washroom facilities are adequate and adequately maintained and cleaned. There are no public access problems associated with this facility. The courthouse is accessible by public transit. There is free public parking within reasonable distance of the courthouse, and there are adequate parking spaces. There are no health or safety issues associated with this facility. 8. Accessibility for Disabled Persons In general, disabled access is described as adequate, except for a library, eating facilities and elevators, which are non-existent. The courthouse is not a multiple level facility. 9. Holding Cells The building does not have any holding facilities for persons in custody. 10. Lawyers Facilities The building does not have a lounge or similar space for the exclusive use of lawyers. There are private phone facilities for lawyers. The building does not have gowning facilities, as it is a small claims court. 11. Judges Chambers/Facilities The courthouse has one chamber for Ontario Court judges, and one chamber for other judicial officers ( J.P. ). One other chamber is shared. The number of chambers is reported to be adequate, and sufficient to accommodate reasonably foreseeable growth. The chambers are adequately furnished. The judges chambers do not provide for secure and private access to and egress from each court. 12. Crown Attorney Offices The courthouse does not have offices for Crown attorneys. 13a. Other Administrative Space/Use: Court Administration There are court administration offices that are adequate for existing needs. 13b. Other Administrative Space/Use: Court Reporters Offices There are no court reporters offices. 13c. Other Administrative Space/Use: Duty Counsel There is no facility for duty counsel, as it is not required for a small claims court. The courthouse does not have a Family Law Information Centre. 10

13d. Other Administrative Space/Use: Legal Aid The building does not require a legal aid office. 13e. Other Administrative Space/Use: Victim/Witness Assistance Program A Victim/Witness Assistance Program (VWAP) is not required. The facility does not have a witness room. This courthouse cannot currently accommodate integrated justice facility requirements. 13f. Other Administrative Space/Use: Media The courthouse does not have a media room, as it is not needed. 14. Libraries The courthouse does not have, or require, library facilities. The County and District Law Association and the jointly administer the library, and there were no current issues reported with respect to the space utilized by the library. 15. Other Security Matters The overall level of security is described as adequate. There appears to be sufficient court security for members of the Bar, the judiciary, the police, court staff and the public. There is no metal detector, and no police officers posted at the building, which is regarded as sufficient by the respondent. The building has a functioning burglar alarm, and security officers service the building 24-hours a day. Security systems and resources have not diminished over the past three years. Ineffectively handled security-related incidents have not occurred during the past three years. 16. Prospects and Future Needs No requirements to meet existing needs in this facility were reported. Upgrading required to meet anticipated future needs over the next 10 years was described as IJP. With regard to solutions, the respondent reported e-filing and D.A.R. In terms of an estimate on the likelihood of these requirements being met within the next five years, a decision of M.A.G., i.e. when S.C.C. will incorporate IJP principles. An estimate of the costs involved is unknown. 11

County or District: Level of Court: Courthouse Address: Welland Ontario Court of Justice 200 Jarvis Street, Fort Erie Summary: The courthouse building is in an excellent state of repair and interior facilities are in adequate repair. This is a fairly new building, having only been built in the last 10 years. The top three issues relating to this facility are described as: Not enough chairs or seating in the courtroom. Not enough chairs or furniture in the rest of the courtroom. The heating and alarm system is remotely controlled (from another city 30 miles or more away and always malfunctions). There is no expectation that any of these issues will be resolved in the next three years. Another problem is security related. In the holding areas, the door to exit the cell area has a very, very poor door handle. Security personnel definitely could not get out in an emergency. The courthouse facility is inadequate in terms of space for duty counsel. Presently, the duty counsel office is being shared by all lawyers and even police at times. One more office is needed to accommodate duty counsel. Generally, the level of security is described as poor at this courthouse. The respondent recommends that an additional uniformed officer be posted when court is in session. 12

Report: 1. Use of this Courthouse The courthouse is used for criminal matters. There are no available user statistics, but the respondent estimated that 90% are criminal or provincial matters and 10% are family law matters. 2. External Features and Repairs The courthouse is not a historical/heritage building and is in excellent external repair. Internal aspects of the building used by the public are in adequate repair and housekeeping is adequate. 3. Ownership and Control The building is publicly owned by the Ministry of the Attorney General and possibly run by the Ontario Court of Justice (the respondent is not certain). The facility is not subject to a lease. The square footage of the facility is not known by the respondent. The building has not been renovated recently, as it was only built in the last 10 years. No renovations are planned in the next two years. There is no user committee in place, and the respondent was not aware of any issues regarding potential encroachment on the use of the facility. The top three issues related to the facility were described as follows: Not enough chairs or seating in the courtroom. Not enough chairs or furniture in the rest of the courtroom. The heating and alarm system is remotely controlled (from another city 30 miles or more away and always malfunctions). There is no expectation that any of these issues will be resolved in the next three years. 4. Courtrooms There is one Ontario Courtroom available in the facility. Courtroom facilities are reported to be adequate to accommodate growth and demand over the next 10 years. Generally, the courtroom is described as adequate, except for the counsel table, witness box, public seating capacity and air conditioning, which are described as poor, and electronic security alarm for judge and video conferencing capabilities, which are non-existent. 5. Lawyer-Client Meeting Rooms There is one lawyer-client meeting room in the courthouse that is not adequate to meet reasonable demand. The room is reasonably proximate to the court it serves and provides reasonable privacy. The room is not reasonably furnished. 13

6. Jury Facilities Each court equipped for jury trials does not have a separate jury room and there is no jury room available. 7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is sufficient. Persons in custody are not required to pass through a public area in order to access any courtroom. There are no refreshment facilities available to the public in this courthouse. There is one washroom for men and women to use that is adequately maintained and cleaned. There are no public access problems associated with this facility, even though the courthouse is not accessible by public transit. There is free public parking within reasonable distance of the courthouse, and there are adequate parking spaces. There are no health or safety issues associated with this facility. 8. Accessibility for Disabled Persons In general, disabled access is described as adequate, except for library, eating facilities and elevators, which are non-existent. The courthouse is not a multiple level facility. 9. Holding Cells The building has three holding facilities for persons in custody, which are in adequate repair. There are separate facilities for men and women, and segregated cells and segregated holding facilities for youth in custody that have washroom facilities. There is direct private access from the holding facilities to the courts. A security issue raised by the respondent in the instance of these holding facilities was described as follows, the door to exit the cell area has a very, very poor door handle. Security personnel definitely could not get out in an emergency. There are conference facilities that allow for private secure solicitor-client conferences, but they are described as poor. 10. Lawyers Facilities ies The building does not have a lounge or similar space for the exclusive use of lawyers. There are no private phone facilities for lawyers. The building does not have gowning facilities. 11. Judges Chambers/Facilities The courthouse has one chamber for the Justice of Peace. The number of chambers is reported to be adequate for Ontario Court judges and other judicial officers. The number of judges chambers is reported to be sufficient to accommodate reasonably foreseeable growth. The chambers are adequately furnished and provide for secure and private access to and egress from the court. 14

12. Crown Attorney Offices The courthouse has offices for Crown attorneys and the space accommodates existing needs. Crown facilities do not have a separate office security system that is operated during after hours. 13a. Other Administrative Space/Use: Court Administration There are no court administration offices. 13b. Other Administrative Space/Use: Court Reporters Offices There are no court reporters offices. 13c. Other Administrative Space/Use: Duty Counsel There is a facility for duty counsel, which consists of one office only. This is reported to be inadequate for existing needs as, the duty counsel office is being shared by all lawyers and even police at times. One more office is required to meet existing needs. The courthouse does not have a Family Law Information Centre. 13d. Other Administrative Space/Use: Legal Aid The building does not require a legal aid office, and does not have one. 13e. Other Administrative Space/Use: Victim/Witness Assistance Program A Victim/Witness Assistance Program (VWAP) is not required. The courthouse does not have a witness room. The respondent did not know if the courthouse could currently accommodate integrated justice facility requirements. 13f. Other Administrative Space/Use: Media The courthouse does not have a media room. 14. Libraries The courthouse does not require a library facility. 15. Other Security Matters The overall level of security is described as poor for staff, Crown officers, judges, lawyers, persons under custody and the general public. The respondent recommended, an additional uniformed officer should be added immediately when court is in session. There appears to be insufficient court security for members of the Bar, Crown attorneys, the judiciary, the police, court staff and the public. There is no metal detector available for use upon entry to the building. One police officer is posted at the building, which is regarded to be insufficient by the respondent. The building has a functioning burglar alarm, but security officers do not service the building 24-hours a day. Security systems and resources have not diminished over the past three 15

years. Ineffectively handled security-related incidents have not occurred during the past three years. 16. Prospects and Future Needs As mentioned earlier in Section 15 of this report, requirements to meet existing needs in this facility are described as follows: An additional uniformed officer should be added immediately when court is in session. This requirement is not expected to be met within the next five years. Upgrading required to meet anticipated future needs over the next 10 years were described as follows: Another police officer. More furniture. Add another room for counsel. Add a few more courtroom seats. These requirements are not expected to be met within the next five years. 16